Effective date: December 25, 2022

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE WEBSITE AND OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE OR OUR SERVICES IN ANY MANNER, AND MUST CEASE USE IMMEDIATELY. PLEASE READ THE TERMS IN ENTIRETY – THE SECTIONS/ HEADINGS, USE OF ALL CAPS AND/OR BOLD FONT IS ONLY FOR EASE OF REFEFENCE AND DOES NOT INDICATE THAT ONE SECTION OUGHT TO READ TO THE EXCLUSION OF OTHERS. For instance, this part is as important as THE PART THAT FOLLOWS.

TERMS OF USE

Welcome to ColdpressAI! Please read on to learn the terms that govern your use of our website(s) (including https://coldpress.ai/) (“Website”), products, services and applications (collectively, the “Services”). These Terms of Use (the “Terms”) are a binding contract between you and Coldpress AI Technologies Private Limited (“ColdpressAI”, “Company”, “we” and “us”). These Terms include the provisions in this document, as well as those in the Privacy Policy (https://coldpress.ai/privacy) and other guidelines/ policies published on this website from time to time.

You must agree to and accept all of the Terms, or you don’t have the right to access or use the Services. Your use of the Services in any way, including browsing the Website, means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. By entering into and accepting these Term, you represent that represent that you are of competent age and mental state (and in case you are not a natural person, you have the necessary authorisations), and are otherwise fully capable and qualified to be bound by the Terms.

In these Terms, the words “include” or “including” mean “including but not limited to”, and examples are for illustration purposes and are not limiting. The term “use” includes accessing, browsing, downloading content from the Website and/or use of the Services provided by ColdpressAI.

If you have any question, comments or concerns regarding these Terms or the Services, please contact us.

Are these Terms subject to changes/ modifications?

Our endeavour is to constantly improve our Services and add/ modify features/ content – consequently, these Terms may need to change from time to time to accommodate the Services. Further, we may need to modify the Terms to comply with applicable laws, regulations and terms of understanding reached with our partners. We reserve the right to change the Terms at any time; but if we do, we will bring it to your attention by placing a notice on the Website, by sending you an email, or by some other means – it is advised that you check this page from time to time and validate if there have been any changes; the last modified date of these Terms will be indicated at the top of the page. However, changes shall not apply retroactively and will become effective no sooner than 3 (three) days after they are posted on our Website. Notwithstanding, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately.

If you don’t agree with the Terms and/or modifications thereto, you are free to reject them; unfortunately, that would mean you will no longer be able to use the Services. If you use the Service in any way after a change to the Terms is effective, that means you agree to the Terms (including modifications thereto).

What about my privacy?

ColdpressAI takes the privacy of its users very seriously. For the current ColdpressAI Privacy Policy, please navigate here (https://coldpress.ai/privacy).

What are the basics of using the Website?

While you may browse our Website without creating an account, you may be required to sign up for an account, and select a password and username (“Coldpress User ID”) for certain Services. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Coldpress User ID a name or email-ID that you don’t have the right to use, or another person’s name or email-ID with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You also may not have, control, or operate under more than one active Coldpress User ID. If we determine that you have, control, or are operating under more than one Coldpress User ID and/or using the Coldpress User ID with another person/ have shared Coldpress User ID details with another person, we may take action without notice, including banning your account, revoking access to your Coldpress User ID, and discontinuing the Services to you. You will keep all your registration information accurate and current. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy (https://coldpress.ai/privacy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity), but you are still required to sign up each individual user from your organization with a Coldpress User ID. You are not allowed to allow multiple individuals to operate under one Coldpress User ID, even if you are an organization or entity.

What is allowed for me as a user under these Terms?

Subject to the terms of the individual licenses as associated with any specific Service/ dataset, you are allowed to use the Services only for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you and/or the license associated with any Service. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks any applicable law.

Are there any additional restrictions on my use of the Services?

Yes. Other than where the terms of the applicable license in respect of a Service specifically permits you to do so (and/or as communicated by us to you upon making any purchase/ subscription of any Services hereunder), the license does not grant you:

• the right to resale or commercially use the Services or its contents; or the right to make any collection and use of any content, postings, or viewable materials, listings, or descriptions;
• the right to make any derivative use of the Website or their contents;
• the right to any downloading or copying of information for the benefit of another merchant;
• the right to use data mining, web scraping, robots, spider/web crawler, offline readers, or similar data gathering and extraction tools;
• the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the Website or any portion of the Website;
• the right to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and/or of third-parties displayed/ hosted on the Website;
• the right to use any meta tags or any other “hidden text” utilizing Company's name or trademarks;
• the right to reverse engineer or otherwise decipher, decompile or derive any source code or underlying algorithms or ideas of any part of the Website;
• the right to use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Website;
• the right to use any device, software, or routine that interferes with the proper working of the Website;
• the right to introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• the right to attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• the right to otherwise attempt to interfere with the proper working of the Website.

Unless otherwise specified in writing by ColdpressAI, we do not intend uses of the Services to create obligations under the Health Insurance Portability and Accountability Act of 1996 (as it may be amended from time to time) or regulations thereunder (“HIPAA”), and make no representations that the Services satisfy HIPAA requirements. If you are or become a ‘covered entity’ or ‘business associate’, as defined in HIPAA, you will not use the Services for any purpose or in any manner involving Protected Health Information (as specified in HIPAA), unless you have received prior written consent for such use from ColdpressAI.

You agree not to use the Services and/or undertake any actions in connection with the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software, as applicable to you and/or your place of operations);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement;
• To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee or agent, another user, or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Without limitation to any other remedies available, a violation of any of the foregoing is grounds for termination of your right to use the Services.

What are my rights under the Services?

The materials displayed or performed or available on or through the Services, including text, graphics, data, articles, photos, images and illustrations (collectively, the “Content”), are protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content and/or in a manner that violates the license/ terms of use mandated by the owner of such Content, or (ii) in a way that violates someone else’s (including ColdpressAI’s) rights.

The Service may allow you to copy or download certain Content; please remember that just because this functionality exists, does not mean that all the restrictions above do not apply – they do! In particular, some of the Content may be owned/ licensed by third-party(ies) and all such Content and rights (including all intellectual property rights) therein belong only to such third-party(ies). ColdpressAI asserts no ownership over such Content. Please refer to the terms of the original license and/or terms of use (as applicable) for any such Content – your use of such Content will be governed by the terms specified therein, in addition to these Terms.

What about intellectual property rights associated with the Services?

All Content (other than any information submitted by you while creating the Coldpress User ID), compilation of Content, and software included or used on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of the Company or its content suppliers or of third-parties, and is protected by international copyright laws.

Company’s wordmarks, trademarks, logo and designs, are the exclusive property of the Company. All other trademarks, wordmarks, logos and designs not owned by the Company that appear on the Website are the property of their respective owners, who or may not be affiliated with, connect to or sponsored by/ sponsor the Company. You hereby agree not to make any use of any such items appearing on the Website, without the prior written permission of the Company and/or the respective owners of such items.

Any warnings that I should be aware of?

• Any Content which is owned by and/or licensed by a third-party(ies), belong/ are generated by such third-party(ies). ColdpressAI does not have any control over or makes any representations regarding such Content.

• Any Content available by way of the Services are published without any representations (inherent or otherwise) regarding their usability, correctness, completeness, suitability for your use or otherwise. ColdpressAI shall not be liable for any claims arising in respect thereof and/or your use of the Content.
• We will not be liable if, for any reason, all or any part of the Website are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website, to users, including registered users.
• The Services may contain links, information or connections to third party websites or services that are not owned or controlled by ColdpressAI. When you access third party websites or engage with third party services, you accept that there are risks in doing so, and that ColdpressAI is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and privacy policy of each third party website or service that you visit or utilize.
• ColdpressAI has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, ColdpressAI will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, logic bombs, and other material that is malicious or technologically harmful (collectively, the “Technologically Harmful Content”). COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THIRD PARTY WEBSITES AND WEBPAGES.
• Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ColdpressAI will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
• If there is a dispute between participants on this site, or between users and any third party, you agree that ColdpressAI is under no obligation to become involved. If you have a dispute with one or more other users, you release ColdpressAI, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services.

Please also read the items specified in Section 11 below.

What if I see something on the Services that infringes my copyright?

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing. If you believe that any Content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to our Designated Personnel (contact details mentioned below) to receive notification of claimed infringement:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• identification of works or materials being infringed;
• identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ColdpressAI is capable of finding and verifying its existence;
• contact information about the notifier including address, telephone number and, if available, email address; and
• a statement that the notifier has a good faith belief that the material identified in (c) is not authorized by the copyright owner, its agent, or the law.

Upon receipt of a proper notice of copyright infringement, we reserve the right to remove or disable access to the infringing Content.

Reach our Designated Personnel at: legal[at]coldpress[dot]ai

How do I withdraw my consent to these Terms?

If you are an EEA-based user, then you have the right to withdraw from this contract within 14 days (from the day of your first use), without giving any reason. The withdrawal period will expire after 14 days from the day of conclusion of the contract.

To exercise the right of withdrawal, you must drop us an email (see contact details below) with your decision to withdraw from this contract. You may use the below model form, but it is not obligatory.

Model form:

Upon your withdrawal, you must immediately cease use of the Services. No later than 14 days from the receipt of your communication, we shall delete all of your personally identifiable information from our records, unless retention thereof is mandated by law.

Contact ID: withdrawal[at]coldpress[dot]ai

What else do I need to know?

Neither ColdpressAI nor its licensors or suppliers or any third-parties (whose Content is made available through the Services) makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers and third-parties) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from ColdpressAI or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY COLDPRESSAI (AND ITS LICENSORS AND SUPPLIERS AND/OR THIRD-PARTIES) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL COLDPRESSAI (OR ITS LICENSORS OR SUPPLIERS OR THIRD-PARTIES) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $50 OR (II) THE AMOUNTS PAID BY YOU TO COLDPRESSAI IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.

To the fullest extent allowed by applicable law, you will defend, indemnify and hold ColdpressAI, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims (including from other users) relating to (a) your use of the Services (including any actions taken by a third party using your account), and (c) your violation of these Terms.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

These Terms control the relationship between ColdpressAI and you. They do not create any third party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other part of the Terms.

You agree that any disputes concerning or involving or arising in connection with these Terms and/or the Services, shall be governed in accordance with the laws of the Republic of India. You hereby consent to the personal jurisdiction of the courts of Mumbai, India for resolution of all disputes concerning or involving these Terms, or your use of the Services.